1. This is an Appeal by the Original Accused No.1 in Sessions Case No.455 of 2007.

2. The Original Accused No.11 Appellant before me is aggrieved and dissatisfied with the Judgment and Order of conviction passed by the 5th Ad-hoc Additional Sessions Judge, Sewree, Mumbai dated 8th August, 2008.

3. By this Judgment and Order, the Appellant/Original Accused No.1 is convicted of the offence punishable under Section 489-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000/-. In default, he has to undergo simple imprisonment for three years.

4. The operative order reads as follows :

"01) Accused No.1 Arvind Bakelal Verma is hereby convicted as per section 235(2) of the Code of Criminal Procedure for an offence punishable under section 489-A of the Indian Penal Code and sentenced to suffer R.1. for Ten (10) years and to pay fine of Rs.20,000/-(Rupees Twenty Thousand only) and in default of payment of fine to suffer S.1. for three (3) years.

02) Accused No.1 Arvind Bakelal Verma is hereby convicted as per section 235(2) of the Code of Criminal Procedure for an offence punishable under section 489-D of the Indian Penal Code and sentenced to suffer R.I. for Ten (10) years and to pay fine of Rs.20,000/- (Rupees Twenty Thousand only) and in default of payment of fine to suffer S.I. for three (3) years.

03) Accused No.1 Arvind Bakelal Verma, accused no.2 Akhilesh Bramhadev Tiwari and accused no.03 Ramvilas Ramdhari Chauhan, are hereby convicted as per section 235(2) of the Code of Criminal Procedure for an offence punishable under section 489-B of the Indian Penal Code and sentenced to suffer R.I. for Seven (7) years by each accused and to pay fine of Rs. 10,000/-(Rupees Ten Thousand only) by each accused and in default of payment of fine to suffer S.I. for two (2) years, by each accused.

04) Accused No.1 Arvind Bakelal Verma, accused no.2 Akhilesh Bramhadev Tiwari and accused no.3 Ramvilas Ramdhari Chauhan, are hereby convicted as per section 235(2) of the Code of Criminal Procedure for an offence punishable under section 489-C of the Indian Penal Code and sentenced to suffer R.I. for Five (5) years by each accused and to pay fine of Rs.20,000/- (Rupees Twenty Thousand only) by each accused and in default of payment of fine to suffer S.I. for three (3) years, by each accused.

05) Accused No.1 Arvind Bakelal Verma, accused no.2 Akhilesh Bramhadev Tiwari and accused no.03 Ramvilas Ramdhari Chauhan are hereby convicted as per section 235(2) of the Code of Criminal Procedure for an offence punishable under section 120-B of the Indian Penal Code and sentenced to suffer R.I. for one (1) year by each accused and to pay fine of Rs.2,000/- (Rupees Two Thousand only) and in default of payment of fine to suffer S.I. for three (3) months, by each accused."

5. The order further directs that Accused No.2-Akhilesh Bramhadev Tiwari and Accused No.3-Ramvilas Ramdhari Chauhan are acquitted of the offences punishable under Sections 489-A and 489-D of the Indian Penal Code.

6. The Prosecution case is that on 1st March, 2007, at about 20:10 hours, Police Inspector Giri called Police Sub Inspector Jamil Shaikh and the Police Constables and informed them that reliable information has been received that three persons are coming near the entrance of Infinity Mall. Therefore, a trap has to be laid at that place and further action needs to be taken.

7. Thereafter, as per the orders of the Police Inspector Giri, two Panchas were summoned in his chamber. They were also informed about the information received. Thereafter, the relevant and necessary entries were made in the Station Diary and the team proceeded towards Infinity Mall, Oshiwara, Andheri (West), Mumbai. Thereafter, a trap was laid at the entrance of the said Mall. At about 20:40 hours, two persons came near the glass entrance door. The team was alerted and thereafter one more person came there at about 20:45 hours. There was some discussion betw